Blocking Solar: Beating the Bureaucratic Blackout
William Stone-Barney
This article explores the challenges grassroots climate organizations face in accessing funding and navigating legal hurdles for solar energy projects. Through an interview with filmmaker Melanie La Rosa, it highlights bureaucratic obstacles that hinder grassroots sustainable energy initiatives despite the favorable policies and financial incentives. The piece underscores the need for legal expertise, policy transparency, and streamlined permit processes to empower community-driven renewable energy efforts.
Image: Andrea Johnson for Regional Plan Association
In November 2024, I had the opportunity to interview environmental filmmaker Melanie La Rosa about her latest project, How to Power a City.[1] La Rosa’s documentary explores sustainable energy initiatives in New York, Atlantic City, Las Vegas, Detroit, Vermont and across Puerto Rico, showcasing the efforts and processes of grassroots climate organizations' efforts to implement solar energy solutions in their communities. When asked what the main issues faced by these grassroots organizations were, La Rosa was quick to answer, “nobody knows how to get at the money, and nobody stays around long enough to help them figure it out.”[2] The problem with implementing sustainable development energy projects has changed over the last decade as administrations have become increasingly climate conscious. It is no longer a question of whether funding is available but how difficult the overly bureaucratized and jargon-filled processes have made it to access available money. In the United States, renewable energy mandates and incentives are managed by state regulatory boards. Even in typically forward-thinking states like New York, organizations have a hard time staying motivated when they learn how tedious the process is.
One notable project we discussed is Renewable Rikers, an ambitious proposal to transform New York City's Rikers Island, from a notorious former incarceration complex into a green energy hub. [3] The project aims to repurpose 481.5 acres of Rikers Island into a solar energy center and battery storage installation, which would significantly increase the city's green energy infrastructure. [4] The rest of the island would become a wastewater treatment center and publicly accessible green space. Renewable Rikers and other adaptation strategy plans, are an opportunity for a just transition to sustainable energy that could yield large-scale sustainability and social equity outcomes. [5] Both New York state and the federal governments are enacting favourable policies and funding options for sustainable energy projects, such as the New York State Energy Research and Development Authority (NYSERDA) policy initiative and Real Property Tax Law § 487, which offer financial incentives for solar infrastructure installation. [6] Unfortunately, despite these policies, Renewable Rikers and other initiatives like it often encounter significant legal and bureaucratic obstacles that impede progress.
A central issue highlighted in my conversation with La Rosa is what she described as the paradox of funding. In 2022, the Biden-Harris administration allocated substantial funds for sustainable energy projects, such as the $20 billion in grants announced under the Greenhouse Gas Reduction Fund.[7] However, even with these massive sums of funding being available, many grassroots organizations remain unaware of these opportunities due to a lack of advocacy. More so, they are unable to jump through the legal and bureaucratic hurdles required to access them. In some cases, this lack of communication and legal expertise results in missed chances to secure essential financial support.[8]
Moreover, navigating the complex web of permits and regulatory requirements in metropolitan areas like New York City demands specialized legal and policy expertise.[9] Grassroots groups often encounter difficulty comprehending specific regulatory obligations, jurisdictional boundaries and interpreting policy.[10]The Renewable Rikers project exemplifies these challenges. Despite its popular “just transition” framework, political clout reaching as high as the mayor's office, and governmental support from the Department of Environmental Protection, the initiative has faced delays due to bureaucratic inertia and overly complicated permitting and zoning processes raising concerns about whether climate justice initiatives like these will ever succeed.[11]
La Rosa emphasized that the intricate language and convoluted processes associated with securing funding and permits can deter grassroots organizations from pursuing their projects before they even start.[12] According to La Rosa, finding initiatives was not challenging. Finding projects that persevered through the years-long process to achieve progress was nearly impossible. Even well-established projects with political and social backing like Renewable Rickers slowly fizzle out. La Rosa attributes this not only to the difficulty in funding and the granting of permits but to the demoralizing effect those hurdles pose to project leadership.
To address these issues, NGOs like the New York City Climate Law Tracker have emerged, aiming to demystify policies and track the implementation of climate laws.[13] Organizations such as Solar United Neighbors also help by providing legal advocacy and policy guidance, helping community groups navigate the complex landscape of energy law.[14] Their work underscores the importance of accessible legal expertise in promoting the success of grassroots renewable energy initiatives. Solar United Neighbors in particularly has demonstrated major legal and advocacy assistance intervening on behalf of sustainable energy groups against state and municipal administrations across the United States.[15]
However, the effectiveness of these organizations depends on increased engagement and collaboration with grassroots movements. It also requires motivated and committed leadership that will not be dissuaded by the hurdles necessary for these plans to come to fruition.
Some regions have adopted more streamlined approaches to renewable energy development. For example, Puerto Rico has implemented policies that ease permit requirements, such as the Energy Infrastructure Reinvestment program and Puerto Rico Electricity Sector Regulatory Framework, which expedite the process for renewable energy projects. [16] La Rosa describes this streamlined model as critical in quickly launching clean energy initiatives after Hurricane Irma devastated the island as it allowed independent organizations to act swiftly, helping bring electricity back to the island. [17] Models like this, which helps streamline the bureaucratic and legal processes, should serve as a blueprint for other state governments to help grassroots organizations struggling with similar bureaucratic bottlenecks.
Despite the challenges, success stories like those in How To Power a City demonstrate the potential of grassroots efforts to drive meaningful change. [18] When legal and bureaucratic hurdles are overcome, these projects can thrive, contributing to a more sustainable and equitable energy future. By increasing policy awareness, simplifying legal processes, and fostering collaboration between legal NGOs and community groups, we can create an environment where renewable energy initiatives flourish and contribute to a greener future.
William Stone-Barney is a 1L student at McGill University in the Faculty of Law pursuing his BCL/JD. He has an undergraduate degree in political science from McGill. William’s interests lie at the intersection of policy and energy, specifically on questions relating to the legal and political aspects of transitioning away from a fossil fuel based energy infrastructure in Canada. He would like to thank the executive team at the McGill Journal of Sustainable Development Law for giving 1Ls an opportunity to write for the journal, senior editor Charlie Zhu for his helpful insight in the editorial process and particularly Melanie La Rosa for her time, thoughtful answers and invaluable insight.
[1] Melanie La Rosa, “How to Power a City” (November 10 2024), online, (video) < https://www.powercityfilm.com>.
[2] Melanie La Rosa, William Stone-Barney, “Legal Aspects of How to Power A City” (15 November 2024) via oral communication [Communicated to Melanie La Rosa].
[3] Rebecca M. Bratspies, “Renewable Rikers: A Plan for Restorative Environmental Justice” (2020), 66, Loyola Law Review 371 a 373.
[4]Rebecca M. Bratspies, “What Makes It a Just Transition? A Case Study of Renewable Rikers” (2023), 1, Pace Envtl. L. Rev 1 at 29.
[5] Ibid at 22—23.
[6] New York State Energy Research and Development Authority, Solar Guidebook (25 February 2025), NYSERDA, online:< https://www.nyserda.ny.gov/All-Programs/Clean-Energy-Siting-Resources/Solar-Guidebook>. See Also, OYA Renewables, “Large-Scale Solar in New York: The Hidden Local Cash Flow” (25 February 2025), OYA Renewables, online: <https://oyarenewables.com/resources/large-scale-solar-in-new-york-the-hidden-local-cash-flow>.
[7] United States Environmental Protection Agency, “Biden-Harris Administration Announces $20 Billion in Grants to Mobilize Private Capital and Tackle Climate Change” (4 April 2024), online: <https://www.epa.gov/newsreleases/biden-harris-administration-announces-20-billion-grants-mobilize-private-capital-and-0>.
[8] Supra note 2.
[9] Hodgson Russ LLP, “Permit Process To-Do’s: How to Navigate NY’s Proposed Large-Scale Renewables Rules” (23 October 2020), online <https://www.hodgsonruss.com/newsroom/publications/Permit-Process-To-Dos-How-to-Navigate-NYs-Proposed-Large-Scale-Renewables-Rules?>.
[10] Ibid, see also Melanie La Rosa, William Stone-Barney, “Legal Aspects of How to Power A City” (15 November 2024) via oral communication [Communicated to Melanie La Rosa], Supra note 2.
[11] Supra note 4 at 6.
[12] Supra note 1.
[13] Sabin Center for Climate Change Law, “NYC Climate Law Tracker” (accessed 25 February 2025), Columbia Law School, online <https://climate.law.columbia.edu/content/nyc-climate-law-tracker>.
[14] Solar United Neighbors, Solar United Neighbors (accessed 25 February 2025), online: <https://solarunitedneighbors.org>.
[15] Community Power Network Corporation d/b/a Solar United neighbors v. JEA, 2021 Fla Dist Ct App 1D19-4687. See also Solar United Neighbors et al v. Salt River Project Agricultural Improvement and Power District (2024) Arz Dist Ct 2:2024cv02021.
[16] U.S. Department of Energy Loan Programs Office, “Notice to Applicants: LPO Determination of Eligibility for Puerto Rico Projects Applying Under Title 17” (21 July 2023), online: <https://www.energy.gov/lpo/articles/notice-applicants-lpo-determination-eligibility-puerto-rico-projects-applying-under>. See also, McConnell Valdés LLC, “Draft Regulation for the Permitting, Endorsement, and Interconnection of Distributed Generation and Energy Storage Systems” (11 December 2024), online: <https://www.mcvpr.com/newsroom-publications-Draft-Regulation.>
[17] Supra note 2.
[18] Supra note 1.